Quote:
Originally Posted by greglepore
So yeah, if you don't consent to the test you're presumed in violation.
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As long as that only means DMV can yank your license, I'm fine with it. Where I have a problem is when refusal becomes a crime in itself AND the DMV can tell your insurance co. about it AND require you to get SR22 insurance, thereby bringing the full effect of a DUI conviction down on you, when you haven't been convicted of anything.
FWIW, a while back in VA a judge dismissed a few DUI cases (where the perps were guilty as sin) because he didn't like the wording of the law that .08 or above "shall be presumed to be guilty of DUI" or something to that effect. He just did it for a few cases to motivate the state to take it to a higher court or rewrite the law. I don't know what happened about that.